Proposition 47 Early Release From Prison

Proposition 47 – Reducing Charges

Proposition 47 reduces the punishment for certain felony drug and property offense charges under $950 to a misdemeanor. It does not apply to registered sex offenders and people with prior convictions for serious or violent crimes.

Re-sentencing For Inmates

Prop 47 permits re-sentencing for people currently serving a prison sentence, or with prior felony convictions. Charges eligible to be reduced to misdemeanors are listed below.

Must File A Petition

No one is automatically released from prison under Proposition 47. Instead you must petition the court to reduce your charges and re-sentence you.

Eligible inmates who petition the court are required to be resentenced unless the court finds an unreasonable risk to public safety.

Risk To Public Safety

When determining the risk to public safety, the court may consider the offender’s criminal history, the types of crimes committed and when they occurred, the extent of injury to victims, the length of prior prison commitments, the inmate’s disciplinary and rehabilitation records while incarcerated, and any other relevant evidence.

What Is The Deadline To Petition?

Your petition must be filed with the court before November 4, 2022.

How Do I File A Petition?

Under Prop 47, in order to petition for a reduction of a crime to a misdemeanor, you must first obtain a copy of your criminal record. Next, you must obtain a petition form for reclassification. Most counties have created petition forms that can be found here.

For counties that have not created petition forms, contact the local courthouse and ask which form to use.

Once the petition is complete, send one copy to the District Attorney’s Office in the county where you were convicted. The other copy is sent to the Superior Court in the county where you were convicted.

Russell was kind enough to provide a free consultation. During our meeting he expressed a sincere desire to help me as much as he could. He knows the law, and his years of experience living and working in Santa Barbara are invaluable.

After talking to attorneys all over SB, I knew Robert and his staff (Russell & Keiran) were the right fit. I hired them to defend me against three misdemeanors, two of which were very serious. They went above and beyond, got the serious charges dropped, and a deal for the minor one (no jail time). It was the best outcome I could have hopped for. Now i can move on with my life.
Thanks again
H.

If you need a lawyer Robert Landheer is the one to hire. He's an amazing, honest, heartfelt attorney. He truly cares about his clients. Robert and his whole staff work endlessly to cover everything that could possibly come up with your case. Often, you don't even have to appear. In one cases they can appear for you.

If you/ your client need a competent criminal law attorney, Robert Landheer should be chosen. His experience and diligence has allowed my client to lead a productive life and be on his way to lawful Permanent Residency.